Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
September 12, 2011
Meeting Minutes
Members Present:
Dave Schreiber – Co-Chairman
Tess Gutowski
Evan Brand
Mark Drobney
Members Absent:
Greg Blessing – Alternate
Ken Metzler – Co-Chairman
Also present:
Susan Yorgensen – Planner/Zoning Agent
D. Schreiber called the meeting to order at 7:32.
Public Hearing
W2011-27 Application for construction of travel stop, including store, food service, fueling station and associated construction at 3 Polster Road Owner: Frank & Joseph Malack et al Application: Loves Travel Stop and Country Store Inc. WITHDRAWN
Regular Meeting
New Business
W2011-41 Application for Timber Harvest at 33 Baxter Road (Map 10 Lot 27 Zone R80) (Owner: Willington Ridge Properties Applicant: David Worthington (Received August 16, 2011 Public Hearing by September 12, 2011 Decision within 35 days after close of P.H.)
Joseph Theroux, a Certified Forester/Soil Scientist was present for the applicant. The property is 39.1 acres and they will be harvesting 29.9 acres; 35,000 board feet of timber. Mr. Theroux said they are trying to remove the over story; about 1/3 of the timber on the property. The applicant is looking for a jurisdictional ruling as there is a small ponding area and watercourse and they will be logging in close proximity but will not be crossing into the wetlands. Trees 14 inches and bigger will be coming out and they will remove 10 to 12 trees that are in close proximity to the wetlands. Mr. Theroux said they will be working in the upland review area; less than 10 to 15 feet from the wetlands.
M. Drobney asked about the soils and Mr. Theroux said they are dry and rocky. T. Gutowski asked how the applicant will get in and Mr. Theroux showed the landing and cutting area on the plans. A discussion was held on the acreage and harvesting area. Mr. Theroux said per the Best Management Practices, they will put in water bars and will seed all sections of the skid trail.
S. Yorgensen said the applicant will have to get a driveway permit, if needed, and submit a Forest Notification form to Planning and Zoning. Mr. Theroux said they will use an existing driveway so they won’t need a driveway permit. A discussion was held on the Forest Notification form. T. Gutowski asked if they have flagged the steep slopes and Mr. Theroux said they generally don’t do that and pointed out the steep slopes on the map. He explained the water bars they will put in and showed the areas that will be seeded and mulched. M. Drobney asked if the skid paths were in and Mr. Theroux said not all, they have only been working there a couple days. He said it is not a vernal pool, it is fed by groundwater and S. Yorgensen said some underground springs are on the adjacent piece.
D. Schreiber asked Mr. Theroux to follow the Best Management Practices and he said they will and the main skid trails need to be stabilized.
Notice of Violation and follow up letter sent to the Board of Selectman about Fenton Ruby Park/Burma Road (Map 31 Lots 8 and 10)
Selectman Christina Mailhos said they have ongoing dialogue with the Board of Finance as they want to know the exact numbers for the project. It is currently out to bid and they will have better numbers in the coming week. She said the cost is approximately 66,000 to do all the drainage and repair the road. It happens every year; run off from the top of the hill cuts a channel and the Board of Finance wants to know the maintenance cost each year.
A discussion was held on the condition of the road after the rains of last week. Selectman said, at the very least, they have to put a pipe in at the very top. M. Drobney said it should be re-graded rather than using a channel. Selectman Mailhos said this would have to be discussed with Karl Acimovic. T. Gutowski said you also have rock walls which are very high and asked if K. Acimovic could look at some sort of vegetation. Selectman Mailhos said K. Acimovic thinks the ultimate solution is adding in pipes. M. Drobney said that doesn’t address the problem of the amount of water coming down. Selectman Mailhos said they should know more in the coming week.
A discussion was held on the cost and the recent storm events. Selectman Mailhos asked if someone from the commission would attend the Board of Finance meeting when this is put on the agenda.
The commission expressed their disappointment that measures have not been taken yet to address the problem. The silt continues to wash into the wetlands. D. Schreiber asked what the next step would be if necessary. S. Yorgensen said the next step is a Cease & Desist Order and then court. D. Schreiber read from the regulations that the fines are 1000 per day plus court costs and the money will go to the state.
Old Business
W2003-49 Notice of violation: TravelCenters of America (the Lessee) and George Giguere of Royce Properties (the Owner) of property located at 327 Ruby Road.
S. Yorgensen explained the spill to Selectman Mailhos. It was an oil spill back in February of 2003; one account said 7,000 gallons of oil and another said 3,000. She said they have to update and finalize their Spill Prevention Plan and go through DEP; it is a long process. She said they are still waiting on DEP. The commission would like a letter to go out to Commissioner Daniel Esty regarding the situation and the timeline.
Correspondence
1. Letter to the Board of Selectman regarding Fenton Ruby Park – Assessors map 31 lots 8 and 10.
2. Emergency Incident Report regarding a transformer oil spill at 60 Fisher Hill Rd.
3. Emergency Incident Report regarding a petroleum spill at Exit 71 Eastbound.
4. CFL News – July 2011 Edition
5. Letter from University of Connecticut regarding the DEP Municipal Inland Wetland Commissioners Training Program.
5. The Habitat – Summer 2011 Edition.
6. Instructions on the Project Request Form for items to be placed on the CIP Plan; anything over $5,000.
Staff Report and Discussion
T. Gutowski thanked Selectman Mailhos and her staff for all their hard work this past storm.
D. Schreiber said the logging is getting nebulous and the commission would regulate it if the town asked them to. S. Yorgensen said the P & Z Commission has taken this out of their regulations and now requires only a notification be submitted, no permit (other than a driveway) is required by PZC. A discussion was held on the logging guidelines and regulating timber harvesting. S. Yorgensen said the town could regulate logging through IWWC but the town needs to make a motion at a town meeting. She said she would email the statute to Selectman Mailhos. S. Yorgensen explained the current charge of the commission in regards to logging as it pertains only to the wetlands.
Minutes
The minutes were tabled until the next meeting.
Meeting Adjourned at 8:45.
Respectfully Submitted,
Michele Manas
Recording Clerk
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